Resolution 2020-156 Certain Land In The Borough of Chesilhurst To Be Sold At Public Sale

RESOLUTION REVISING AND UPDATING RESOLUTION NO. 2020-146 AND AUTHORIZING THE SALE OF CERTAIN LAND IN THE BOROUGH OF CHESILHURST TO BE SOLD AT PUBLIC SALE WITH RIGHT(S) OF FIRST REFUSAL TO CONTIGUOUS PROPERTY OWNERS

WHEREAS, the Borough of Chesilhurst (the “Borough”) presently holds title to the lands and premises hereinafter more particularly described, collectively referred to as the “Lots”;

WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-1, et seg., authorizes the sale by municipalities of any real property, capital improvement, or personal property no longer needed for public use;

WHEREAS, the Borough has determined that each of the Lots are less than the minimum size required for development under the Borough’s zoning and land use regulations, and without any capital improvements thereon, and may therefore be offered for purchase to the owners of real property contiguous thereto pursuant to N.J.S.A. 12-13.2;

WHEREAS, it is deemed advisable to sell said property pursuant to N.J.S.A. 40A:12-13(a), and said lands and premises not being needed for any public purpose or any public use, with the right(s) of first refusal being offered to contiguous property owners as the Lots are undersized, pursuant to N.J.S.A. 40A:12-13.2;

WHEREAS, on September 3, 2020, the Borough adopted Resolution No. 2020-146, which authorized the sale of the Lots to be sold at public sale, with right(s) of first refusal to contiguous property owners;

WHEREAS, subsequent to the adoption of Resolution No. 2020-146, the Borough desires to revise the procedure for offering the Lots to contiguous property owners are necessary.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Chesilhurst, County of Camden, State of New Jersey, that the procedures for offering the lands and premises to contiguous property owners, as set forth in Resolution No. 2020-146, are hereby revised as set forth below.

BE IT FURTHER RESOLVED that the lands and premises hereinafter described, be sold via a Public Auction at the Municipal Building, 201 Grant Avenue, Chesilhurst, New Jersey on Tuesday, November 24, 2020, at 10:00 a.m. In the event the date of the Public Auction is changed, proper notice will be published in the Borough’s designated newspaper, at the Borough Municipal Building, and on the Borough website.

EACH TRACT shall be offered and sold as a single separate parcel at Public Auction, pursuant to N.J.S.A. 40A:12-13(a). The auction shall be by oral bid, and shall be subject to the conditions set forth hereinafter.

1. No bid less than the applicable above amount will be received or considered for each of the tracts.
2. Any person bidding upon the aforesaid lands and premises shall, by the act of such bidding accept these conditions of sale. Unless a bid shall exceed the bid immediately preceding it by at least One Hundred Dollars ($100.00), it shall not be acceptable. The bid shall not be assignable without the written consent of the Borough. No bid shall be acceptable unless it is made orally. The Borough reserves the right to withdraw from sale any of said lands and premises for any reason whatsoever prior to the time said lands and premises are struck of to the successful
3. The above Lots shall be sold individually, and the highest bidder shall be subject to the approval of the Borough. As soon as the sale is concluded, the highest bidder shall sign the Agreement of
4. The bidding shall be kept open after the parcel is struck off, for in the event a purchaser fails to comply with any of the conditions of sale, the Borough may again immediately expose the parcel of land and premises for sale, subject to these
5. The successful bidder for the said tract shall be required to immediately  pay  ten percent  (I 0%) of the amount of his/her bid, in cash or by certified check and to sign an Agreement of Sale incorporating all conditions by
6. The successful bidder for each said tract shall, within thirty (30) days after the date of sale, pay to the Chief Financial Officer at the Municipal Building, the balance of the purchase price due in cash or by certified
7. A Bargain and Sale deed for each tract will be prepared by the Borough Solicitor, executed by the proper Borough Officials and recorded by said Solicitor at the expense of the purchaser who will also required to pay all legal and advertising costs. Said deed will be delivered to the purchaser upon being returned by the Register of Deeds. Title Insurance shall be at the expense of the buyer. Conveyance shall be by metes and bounds description supplied by the Borough. Any required subdivision shall be done at the sole expense of the bidder.
8. Unless otherwise agreed upon, each said tract settlement must be made within thirty (30) days after the date of sale at the office of the Borough Solicitor, at which time the purchaser will be required to sign a settlement statement and pay the charges aforesaid in
9. In the event the Borough shall be unable to deliver a good marketable title, the purchaser shall not have the right to sue for damages, expenses or specific performances, but shall be entitled to a return of the deposit or any part paid on account of the purchase price, if the same has been paid in full, nor shall the delivery of the deed by the Borough and the acceptance of the same by the purchaser entitle the purchaser to any actions, suits, or demands, in the event the deed does not convey a good marketable title, but the purchaser shall be entitled to a return of the full amount of the consideration
10. In the event the purchaser shall fail to make settlement as herein provided, the deposit paid shall be forfeited a herein provided, the deposit paid shall be forfeited as liquidated damages and not as a
11. The Borough reserves the right to reject any and all
12. The purchaser shall agree to pay taxes on the aforesaid lands and premises a sum equal to the proportionate amount of taxes that would have been due against the same, at the current tax rate, using as a valuation the current valuation reflected by the Borough’s records. Purchasers also agrees to pay all settlement costs, including those normally charged to seller.
13. Use of the lands and premises shall be subject to the Borough’s Land Development Ordinance, and any other applicable ordinances and/or local, State, and Federal laws and regulations.
14. Any improvements constructed on the premises and the contents thereof shall be conveyed in “as is” condition. The Borough makes no warranties, express or implied, as to any part or position of said improvements or any equipment contained
15. Time shall be of the
16. Other terms of sale may be announced at the time of

PRIOR TO the Public Auction procedure described above, the right of first refusal for each of  the Lots  shall  be offered to any  applicable  contiguous  property  owners, in  accordance with

• 40A:12-13.2. The right of first refusal shall be offered in accordance with the following:

1. Written notice of said right(s) of first refusal shall be offered to any applicable contiguous property owners, which shall include a copy of this Resolution;
2. Contiguous property owners shall be permitted to submit one (1) sealed bid for each applicable Lot, which shall not be lower than the minimum bid price, as set forth in this Resolution;
3. The sealed bids for each applicable Lot must be received by the Borough Clerk no later than Wednesday, October 21, 2020;
4. The property shall be sold to the contiguous property owner who submits the highest bid for each respective Lot. The Borough shall advise the highest bidder within seven (7) days that he or she is the highest bidder;
5. The above terms, rights, obligations, conditions shall be applicable to any sale(s) to a contiguous property
6. Within seven (7) calendar days of receiving notice that he or she is the successful bidder, the successful bidder for an individual Lot shall be required to pay ten percent (10%) of the amount of his/her bid, in cash or by certified check, and to sign an Agreement of Sale incorporating all conditions by

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby authorized to publish notice of sale in accordance with the laws of the State of New Jersey.

BE IT FURTHER RESOLVED that the Mayor and/or his designee, along with the Borough Solicitor, on behalf of the Borough, shall be authorized to take all steps necessary and legally required to conclude and close the sale of the Lots described above.

This Resolution shall take effect immediately upon final passage, approval, and publication, as provided by law.

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